Reference no: EM133540925

Assignment:

There are generally considered to be five legal systems in the world today: civil law, common law, customary law, religious law, and mixed legal systems.

Civil Law Legal systems:

• Usually an inquisitorial system, where an investigating judge is actively involved in investigating the facts of a case;
• Most of the law is statutory law created by legislatures and not by judges following precedent;
• Juries are rarely used; a judge or panel of judges will decide the facts and the law to be applied;
• Many European countries including France and Germany are examples of civil law systems. In Central and South America, Mexico and Brazil are also examples of civil law systems.

Common Law systems:

• Usually an adversarial system, where the judge acts as an impartial referee between opposing parties to a case;
• The laws governing a case are based on both legal precedent, created by judges, and statutory laws, created by legislatures;
• A jury may determine the facts, and a judge will decide the law to be applied;
• The U.S. and the U.K. are examples of common law systems.

Question-

Compare an adversarial legal system such as exists in the U.S., where the role of the court is primarily that of an impartial referee between the prosecution and the defense with an inquisitorial legal system, such as exists in France, where the court is more actively involved in investigating the facts of the case. Explain which system youu think is better for getting to the best result? Think about the values you selected in your values statement, how doo yourr values align with yourr explanation?